LAWS(DLH)-2011-1-267

NORTH DELHI POWER LIMITED Vs. KANWAR PAL SINGH

Decided On January 19, 2011
NORTH DELHI POWER LIMITED Appellant
V/S
KANWAR PAL SINGH Respondents

JUDGEMENT

(1.) THE present appeal has impugned the judgment and decree dated 18.7.2003 which had endorsed the finding of the trial judge dated 17.7.1999 whereby the suit of the plaintiff seeking permanent injunction to the effect that defendant i.e. Delhi Electricity Supply Undertakings (DESU) be restrained from disconnecting the electricity connection of the plaintiff in terms of the inspection report dated 6.3.1995 was partly decreed in favour of the plaintiff. THE finding of the trial judge had been affirmed in the impugned judgment.

(2.) PLAINTIFF Kanwar Pal Singh and Amrik Singh had filed a suit for permanent injunction. PLAINTIFF no.1 was the registered consumer of K. No.515-173298 IP and K. No.515-17203-9- IP and K. No.1272047 IP installed at his village. On 06.3.1995 officials of the defendant conducted an inspection pursuant to which a show cause notice dated 23.3.1995 was sent to him. On 18.4.1995 the officials of the department came to the spot to disconnect his electricity. Contention was that the defendant had not checked the machines to ascertain the connected load and the load mentioned in the report is imaginary. The report was prepared in the office without any site inspection. Suit was accordingly filed.

(3.) AFTER a detailed examination and scrutiny of the oral evidence and documentary evidence led by the parties the suit of the plaintiff was decreed in part.